Saturday, February 7, 2009

There is a lot to be done, but this is a good start to revive the commission.

From Floyd Norris in the NY Times:

"
Unleashing Enforcement

One virtue of appointing Mary Schapiro as chairman of the Securities and Exchange Commission is that she used to be a member of the commission, and therefore knows how things were done before Chris Cox slowed them down.

Today she announced she is ending two Cox policies that delayed enforcement actions. No longer will the commissioners demand advance approval of penalties to be imposed on companies as part of settlement talks, and the commission will no longer stall for weeks on a decision on whether to allow the staff to open a formal investigation.

Here are the relevant parts of her speech:

As a first, but significant, step in empowering our enforcement staff, I am this week taking action to end the Commission’s two-year “penalty pilot” experiment, which had required the enforcement staff to obtain a special set of approvals from the commission in cases involving civil monetary penalties for public companies as punishment for securities fraud.

In speaking to our enforcement staff, I’ve been told that these special procedures have introduced significant delays into the process of bringing a corporate penalty case; discouraged staff from arguing for a penalty in a case that might deserve a penalty; and sometimes resulted in reductions in the size of penalties imposed.

At a time when the S.E.C. needs to be deterring corporate wrongdoing, the penalty pilot sends the wrong message. The action I am taking to end the penalty pilot is designed to expedite the commission’s enforcement efforts to ensure that justice is swiftly served to those public companies who commit serious acts of securities fraud.

Another immediate change I am putting in place to bolster the S.E.C.’s enforcement program is to provide for more rapid approval of formal orders of investigation — the permission slips given out by the commission that allow S.E.C. staff to use the power of subpoenas to compel witness testimony and the production of documents. When I was a commissioner, formal orders were routinely reviewed and approved within a couple of days by written approval of the commission or by “duty officer” — a single commissioner acting promptly and on behalf of the entire commission.

Today, however, many formal orders of investigation are made subject to full review at a meeting of all five commissioners, necessitating that they be placed on the calendar sometimes weeks in advance. In investigations that require use of subpoena power, time is always of the essence, and every additional day of delay can be costly. To ensure that subpoena power is available to S.E.C. staff when needed, I’ve given direction for the agency to return to the prior policy of timely approval of formal orders by seriatim approval or where appropriate, by a single commissioner acting as duty officer.

There is a lot to be done, but this is a good start to revive the commission."

Me:

Fraud,Negligence, Fiduciary Mismanagement, and Collusion, are the second most important cause of this crisis. So far, I see no evidence that this aspect of the crisis is being taken seriously. I might add that this was also rampant in the S & L Crisis, and damned little was done. It was explained that sheer stupidity and fraud look much the same, so that prosecution was fruitless. Draw a line from that point to this point. Words will not suffice.

A few people get this. Take John Paulson. This was part of his testimony at the Nov. 13th hearing in congress. He donated to this group:

“Helping Americans Keep Their Homes: Center for Responsible Lending
Establishes New Institute to Help Homeowners Threatened by Subprime
Lending Crisis
Institute to Provide Legal Assistance to Families Facing Surge in Foreclosures
WASHINGTON, D.C. (October 12, 2007)-As the nation’s foreclosure epidemic continues to
worsen, the Center for Responsible lending (CRl) has formed the Institute for Foreclosure
legal Assistance (IFlA) to support groups giving legal representation to families facing
foreclosure and financial ruin because of abusive subprime mortgages. The National
Association of Consumer Advocates (NACA) will manage the project, which recognizes that one
of the biggest barriers families face to avoid losing their homes is the lack of access to quality
legal services.
The Institute, launched with a $15 million grant from investment management firm Paulson &
Co. Inc., will provide funding and training to organizations that help homeowners negotiate
alternatives to foreclosure. The majority of the funds will be grants to support direct legal
assistance to borrowers in 10 or more states to fight foreclosure, predatory lenders and abusive
loan servicers. It will do this primarily by providing money to top non-profit legal-aid groups and
law school clinics.
Formation of the Institute comes as the rate of subprime foreclosures, already alarmingly high,
is set to accelerate. Analysts have predicted that as many as 1.7 million foreclosures will occur
in the next two to three years. Within the next eighteen months, up to four million subprime
borrowers will see their monthly mortgage payments jump approximately 40% as initial “teaser”
interest rates expire. Servicers and lenders have largely refused to modify these abusive
subprime loans. According to a recent study by Moody’s, only 1% of loans that reset to a higher
interest rate were modified by servicers. lenders and servicers are simply not modifying these
mortgages in sufficient numbers to help homeowners.
“legal resources available to help struggling families fall far short of that needed to address the
millions of abusive loans ( NB - DON ) that have been made in recent years,” said Martin Eakes, Chief
Executive Officer of CRL. “By providing funding and other support for attorneys who can
review loan documents and negotiate with loan servicers, we believe that many more
homeowners will be able to stay in their homes.”"

http://www.responsiblelending.org/

This doesn’t simply effect this crisis. From Buiter in the FT:

http://blogs.ft.com/maverecon/2009/02/fiscal-expansions-in-submerging-markets-the-case-of-the-usa-and-the-uk/

There was a steady erosion in business ethics and moral standards in commerce and trade. Regulatory capture and corruption, from petty corruption to grand corruption to state capture, became common place. Truth-telling and trust became increasingly scarce commodities in politics and in business life. The choice between telling the truth (the whole truth and nothing but the truth) and telling a deliberate lie or half-truth became a tactical option. Combined with increasing myopia, this meant that even reputational considerations no longer acted as a constraint on deliberate deception and the use of lies as a policy instrument.

As part of this widespread erosion of social capital, both citizens and markets lost faith in the ability of governments to commit themselves to any future course of action that was not validated, at each future point in time, as the most opportunistic course of action at that future point in time - what macroeconomists call time-consistent policies and game theorists call ’subgame-perfect’ strategies.”

In other words, this lack of will in cleaning up this mess will effect how foreign investors will judge the merits of investing with us going forward.

I’m guessing that Floyd Norris and the people reading this blog might actually agree with me.

— Don the libertarian Democrat

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